Mr. Speaker, as the solicitor general critic for the Canadian Alliance, I will speak in favour of Bill C-223, particularly from the perspective of what we can learn from the existing RCMP source and witness protection program, which has been in effect since 1984.
I note from a news release by the former solicitor general dated March 23, 1995 that they wanted to upgrade and strengthen the existing program by the following criteria: clearly defining admission criteria for witnesses; ensuring that cases are dealt with in a consistent manner across the country; setting out the responsibilities and obligations of both the administrators of the program and individuals entering the program; clarifying the management structure within the RCMP for the day to day operation of the program, thereby increasing accountability; and finally, providing for a complaints procedure and requiring the commissioner of the RCMP to submit to the solicitor general an annual report on the operation of the program.
I am sure these were good intentions on the part of the solicitor general of the day back in 1995, but I have to report that it unfortunately has not been completely successful. I have had interviews with people who have been under the witness protection program and I am aware that there are some distinct problems with the program.
In another document from the former solicitor general, we have the criteria for the admission to the RCMP witness protection program: the potential contribution the witness source can make toward a particular police investigation; the nature of the offence under investigation; the nature of the risk to the individual; alternative methods of protection that are available; danger to the community if the individual is admitted to the program; potential effects on any family relationships; the likelihood of an individual being able to adjust to the program; the cost of maintaining the individual in the program; and, any other fact that the commissioner of the RCMP may deem relevant.
These are all worthy goals and objectives. After talking to some of the people who are currently in the program, I know that the issue of the nature of risk to the individual is one which unfortunately is highly suspect.
Relative to the existing program, not to the proposed program, let us be clear that at the time the people become involved in the witness protection program, probably the majority of them, they are not people at that stage in their lives who we would be happy to invite home for a cup of coffee. These are people who, typically at that time in their lives, either have been compromised by a given situation they have been involved in with the other people involved in criminal activity, or are perhaps tied up with drugs, alcohol or other problems of that type.
However, these people perform an exceptionally valuable service to the law enforcement agencies in Canada. What typically is happening, in my judgment, is that they are being left hanging out to dry by those same law enforcement agencies. Some do become involved in the program but, more frequently, they actually end up signing agreements with the enforcement authority under duress, to the point where an officer may say “If you do not get on side with me, I will blow your cover. I will reveal your identity”.
A very important case for jurisprudence recently took place in the case of Mr. Francs. After he had made an agreement in good faith with the law enforcement people he was spirited quickly out of Vancouver to a motel in Chilliwack along with his family who were absolutely petrified. He was told “I am sorry, it really did not work out. We will have to get something else organized”. The judge rightfully came down like a tonne of bricks on the enforcement authorities.
The final thing I would say on this particular case is that there is further confusion. The justice department then goes to these people, who are trying to get their day in the sun in a court of law, and says “You must reveal evidence”, which is evidence that if revealed would not only compromise themselves but would also compromise the RCMP investigations or the police investigations.
The reason I am in favour of this bill being voted on and going to committee is so that we can look at the entire picture. We can look at spousal protection and at the whole witness protection program because it is in a sad state of disrepair and desperately needs work. Above all, this is not only for the protection of society but also so those people who have been drawn into the program can receive proper protection for themselves, for their loved ones and for their families.